Limited Tort Exceptions

Having limited tort auto insurance certainly can limit your options for litigation following a car accident.  The good news is that there are exceptions to the rule which remove the typical litigation limitations for the insured party and his/her family.  These exceptions include:

• You are injured while occupying a work vehicle or commercial vehicle, in many instances.
• The responsible party is convicted or accepts Accelerated Rehabilitative Disposition for driving under the influence of alcohol or a controlled substance in that accident.
• The responsible party is driving a vehicle which is registered outside of Pennsylvania.
• You are injured while riding in a vehicle that is not a private passenger vehicle.
• The responsible party intends to hurt himself or someone else, provided that his intention in doing so is not to avoid bodily harm to himself or others
• The responsible party has not maintained financial responsibility as required by law.
• You were injured as a pedestrian.
• The result of the accident was death, serious scarring or disfigurement, or a “serious injury”, as defined by law.

What Constitutes a “Serious Injury?”

According to the law, limited tort insurance provides that you cannot collect non-monetary expenses such as pain and suffering except if you sustain a “serious injury.”  Your insurance policy may define what a serious injury is, but the Pennsylvania Supreme Court has laid out some guidelines to help determine what constitutes a “serious injury.”  For example:

• What is the extent of the impairment?
• What is the length of the impairment?
• What treatment is required to correct the impairment?
• What bodily function, if any, was impaired because of the injury sustained?
• How serious was the impairment of that bodily function?
• How has the impairment affected the person’s life?

If you’ve been injured in a motor vehicle accident and are wondering whether your injury constitutes a serious injury, contact us.  At OnlyWhenYouWin, we can help determine whether your case qualifies for any legal exceptions so that we can get you the most financial recovery possible.  And remember, even if your injury does not meet the ‘serious injury’ threshold, you may still be able to recover meaningful economic damages such as medical expenses, lost wages, property damage, and other out of pocket expenses.